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CAS 2023 A 9863

CAS · Football (FIFA / CAS) · Switzerland · 27 Jun 2024

Why it matters

This case clarifies the scope of 'Fixed Salary' under the FIFA Club Protection Programme, ruling that annual lump-sum payments, even if part of a player's total fixed compensation, are not covered because they are not paid in weekly or monthly instalments. It reinforces the strict interpretation of the programme's exclusions for one-off payments and bonuses, impacting how clubs structure player remuneration to qualify for compensation.

Summary

Sevilla FC appealed a FIFA decision that partially rejected its claims under the FIFA Club Protection Programme (CPP) for injuries to players Mr Gomez and Mr Delaney during the 2022 World Cup. The dispute centered on whether a 'Contract Bonus' (Prima de Contrato) paid annually in November, which formed half of each player's total fixed annual salary, should be included in the daily rate used to calculate compensation. Sevilla argued the bonus was part of the fixed salary and should be covered. FIFA and its claims handler QuestGates maintained that the CPP only covers amounts paid in weekly or monthly instalments, and that annual payments are excluded as one-off payments or bonuses. The CAS Panel upheld FIFA's decision, finding that the clear language of the CPP Technical Bulletin defines 'Fixed Salary' as amounts paid in weekly or monthly instalments. The annual bonus did not meet this criterion and was also explicitly excluded as a bonus. The Panel rejected Sevilla's arguments of excessive formalism, noting that the club's payment structure, while lawful, had consequences for CPP coverage. The appeal was dismissed, and Sevilla bore the arbitration costs.

The detail

Parties: Sevilla FC v. FIFA

Case number: CAS 2023 A 9863

Outcome: Sevilla FC's appeal dismissed; FIFA's decision confirmed.

Applicable law: FIFA Club Protection Programme (FIFA CPP) and its Technical Bulletin; Swiss law as lex arbitri; CAS Code of Sports-related Arbitration.

Issues in play: Whether a 'Contract Bonus' (Prima de Contrato) paid annually as part of a player's fixed salary qualifies as 'Fixed Salary' under the FIFA CPP, or is excluded as a one-off payment or bonus.

Read the full decision at Court of Arbitration for Sport (football, via FIFA)

Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.

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